Austrialian Securities and Investments Commission v Macdonald (No 6) [2008] NSWSC 1175

Austrialian Securities and Investments Commission v Macdonald (No 6) [2008] NSWSC 1175

The emails concerning arrangements for, and responses about availability for, a teleconference did not establish a relevant connection with any discussion at the 15 February 2001 board meeting about the terms of an ASX announcement. At most they were of peripheral significance, and the attendance responses were of no relevance. Given the lateness of the tender after oral evidence in ASIC's case had been heard and the case was about to close, the tender was rejected.

Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Evidence Admissibility and Relevancy Ruling in Civil Proceedings / Tender of Documents After Oral Evidence Concluded and Plaintiff About to Close Its Case
Outcome
Tender rejected.
Legal Topics
['admissibility and Relevance of Documents' 'late Tender of Evidence' 'emails Concerning Teleconference After ASX Announcement' 'section 138 of the Evidence Act 1995']
['evidence' 'civil Procedure'] ['admissibility and Relevance of Documents' 'late Tender of Evidence' 'emails Concerning Teleconference After ASX Announcement' 'section 138 of the Evidence Act 1995']

Case Brief

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Procedural Posture

Evidence Admissibility and Relevancy Ruling in Civil Proceedings / Tender of Documents After Oral Evidence Concluded and Plaintiff About to Close Its Case

Legal Issues

  1. 1 ["Whether seven emails found in a further search of Mr Shafron's laptop were relevant to whether a discussion of a draft ASX announcement took place at the 15 February 2001 board meeting of James Hardie Industries Ltd." "Whether the emails should be admitted after all oral evidence in ASIC's case had been heard and ASIC was about to close its case." 'Whether the emails were caught by s 138 of the Evidence Act 1995 as fruit of an improper search.']

Ratio Decidendi

The emails concerning arrangements for, and responses about availability for, a teleconference did not establish a relevant connection with any discussion at the 15 February 2001 board meeting about the terms of an ASX announcement. At most they were of peripheral significance, and the attendance responses were of no relevance. Given the lateness of the tender after oral evidence in ASIC's case had been heard and the case was about to close, the tender was rejected.

Court Disposition

Tender rejected.

Orders

  • ['The tender of the seven documents was rejected.' 'The email referred to in Macdonald (No 5) at [4] was rejected for the same reasons as the seven documents.' 'The digital content of these reasons for judgment is to be entered on the court record database after inclusion in Caselaw.']